WING v. JIMENEZ

No. 2 CA-CIV 2158.

114 Ariz. 346 (1976)

560 P.2d 1253

S.C. WING, dba Wing's Cut Rate Market, Appellant, v. Mike A. JIMENEZ and Carmen Jimenez, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 31, 1977.

Review Denied February 23, 1977.


Attorney(s) appearing for the Case

Stockton & Hing, by Robert Ong Hing, Phoenix, for appellant.

Brown, Clemans & Brown, by Robert C. Brown, Casa Grande, for appellees.


OPINION

HOWARD, Chief Judge.

Appellant sued appellees for a debt incurred in the purchase of various items of merchandise. The issue below was whether the action was on an open account, or on an account stated. If the latter, appellant's claim would be barred by the statute of limitations.

The trial was held before the court, sitting without a jury. No court reporter was present. The court found that there was an account stated on March 13, 1971 in...

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